78B-6-1212. If partition prejudicial, sale in lieu thereof -- Partition by referees.
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78B-6-1212. If partition prejudicial, sale in lieu thereof -- Partition by referees.
(1)If the court determines that the property or any part of it cannot be partitioned without great prejudice to the owners, the court may order the property sold.
(2)If the court determines that the property may be partitioned, it shall order a partition according to the respective rights of the parties determined by the court and appoint three referees to do the partition. The court shall also designate a portion to remain undivided for the owners whose interests remain unknown or are not ascertained.
(3)If the action is for partition of a mining claim among the tenants in common, joint tenants, copartners, or parceners, the court, upon good cause shown by any party or parties in interest, may, instead of ordering partition to be made in the manner as provided, or a sale of the premises for cash, direct the referees to divide the claim in the manner provided in Subsections 78B-6-1213(5) through
(11).
Renumbered and Amended by Chapter 3 , 2008 General Session